Summons and Complaint
You may file a civil lawsuit in magistrates' court if you believe that you or your property have been injured or damaged and the amount of that injury is $7,500 or less. The filing fee is $80.00 for filing and service of process. There is an additional $10.00 charge for each additional defendant with a different address located in Charleston County. The complaint and attachments must be filed in duplicate.
Please provide the court with a clear and accurate legal name and street address for the defendant. Route and box numbers are not acceptable. If filing against a business, determine whether or not the business is incorporated or privately owned. If privately owned, list owners full legal name. If incorporated, provide the name and address of the registered agent. The Secretary of State may be contacted to obtain the agent's name. If filing to collect on an account or note include duplicate copies of the statement of account, invoices, or note to verify the amount due and have your signature notarized.
Contact
Magistrates/Summary Court Admin.
Office Address
4045 Bridge View Dr., N. Charleston, SC 29405
Mailing Address
Phone: (843) 202-6600
Fax: (843) 202-6604
Office Hours: M – F | 8:30AM – 5PM
The Small Claims Court will issue a summons when the complaint is filed and the summons requires the defendant to answer the complaint within thirty (30) days after the date of service. The defendant must answer in writing and a clerk is available at the Small Claims Office to assist a party if needed. If the defendant has a claim against the plaintiff arising from the same facts the defendant may file a counterclaim in writing with the court at the same time the answer is filed. If the defendant does not answer within thirty (30) days after service of the summons and complaint a judgment by default may be entered against the defendant. The Court will schedule a bench trial if the defendant files an answer. The parties must appear with any witnesses and evidence that are necessary to prove their cases. A WRITTEN, NOTARIZED, OUT OF COURT STATEMENT FROM A WITNESS CANNOT BE USED AS EVIDENCE. A WITNESS MUST APPEAR IN PERSON IN COURT TO TESTIFY. There is a charge of $ 8.00 per subpoena if issued by the court. The court does not provide a court reporter. You must make any appropriate arrangements.
Either party has the right to request a jury trial and it must be submitted in writing at least five (5) working days prior to the date of the hearing. A transcript of judgment will be issued with specific instructions about the enforcement of the judgment. It may be recorded immediately at the Clerk of Courts Office. The Execution Against Property Order may be filed with the Charleston County Sheriff's Office thirty (30) days after notice of judgment. The Sheriff's office will determine if there is property that can be seized and sold at public auction to pay this debt. The recorded judgment will remain valid and enforceable for a period of ten (10) years. When the judgment is satisfied the plaintiff must notify the Clerk of Courts Office so that the judgment may be removed.
A motion for a new trial must be received by this court in writing within five (5) days after notice of the judgment. An appeal must be filed in writing within thirty (30) days from the notice of judgment. There is a filing fee and it must be filed with the Court of Common Pleas. The notice of appeal must be personally served on this court and on the opposing party.
Evictions
The relationship of landlord and tenant is based upon a contract, whether oral or written, which determines the rights and responsibilities each party has and owes to the other. Usually, the agreement between the parties takes the form of a lease. Tenancies may be for a specific term of period or may be at will. The lease usually provides for specific aspects of the landlord-tenant relationship such as subleasing, means of notice, termination, rent payments, and responsibility for repair and maintenance. If the tenant fails to pay the rent, the landlord can terminate the lease, force the tenant to vacate the premises, and recover any rent due. A landlord may bring an action of ejectment against a tenant in these situations: (1) when the tenant fails or refuses to pay the rent when due, (2) when the term of tenancy or occupancy ends, or (3) when the terms or conditions of the lease are violated. Even after service of process, rent continues to accrue so long as the tenant remains in possession, and the tenant is liable for the continually accruing rent.
You must file your ejectment action in the Magistrate's Court that has jurisdiction over the property you are evicting the tenant from. You must submit an affidavit and pay a filing fee of $40.00 when you file the action. The Court will issue an Order to Show Cause which will be attached to your affidavit and served upon the tenant requiring him to either vacate the premises or show cause by requesting a hearing date. If a hearing is held, the judge will render a decision as to the date of when/if the Writ will be available. This will cost an additional $10.00. The Constable will contact the landlord in reference to scheduling a date to execute the eviction and turn the property back over to the landlord. The Constable does not set out the tenant's property. It is the responsibility of the landlord to provide adequate labor to set out any property left by the tenant. Law Enforcement Deputies can be present only to assure a peaceful set-out.
Claim and Delivery
A claim and delivery is a legal action to recover personal property which is in the possession of another party. The party who begins the action is the plaintiff. The party who has possession of the property claimed is the defendant. The claim and delivery must be filed with the court that has jurisdiction over where the property is located. You must pay a filing fee of sixty-five dollars ($65.00) when you file the action. A valid address for the party who has possession of the property must be provided to the Court at the time of filing. The jurisdictional limit of Magistrates' Court is $7,500. If the subject property is valued at more than $7500, you will need to file your claim and delivery action in the Court of Common Pleas. If the property includes a vehicle, you must provide the vehicle identification number. Once the affidavit is filed, the court will provide you with a court date, which will be three to four weeks after the filing date. A constable will serve a copy of the affidavit along with a summons setting forth the court date on the defendant. A restraining order will be included within the summons forbidding the defendant from concealing, damaging or disposing of the subject property. If the restraining order is violated, the defendant may be held in contempt of court and punished accordingly. At the hearing, the Court will determine if the Plaintiff is entitled to the items listed in the complaint. If needed, the Court can issue an Order to pick up the items. This will cost an additional twenty ($20.00) dollars which can be paid immediately following the hearing.
Public Sale
An owner of any storage place or repair shop who stores or repairs any property has a lien on that property in the amount of the bill for storage or repairs. Upon the completion of repairs or the expiration of the storage contract, if the owner of the property fails to claim the goods and satisfy his debt to the lienholder, the lienholder may have such property sold at public sale to the highest bidder. This can only be done after sending a thirty (30) day written notice of his claims, to the owner and/or any lienholders.
The Plaintiff must apply to the appropriate titling facility, including, but not limited to, the Department of Motor Vehicles, or the Department of Natural Resources for the name and address of any last known registered owner or lienholder.
The public sale must be filed with the court that has jurisdiction over where the property is located. The fee to file for public sale is thirty-five ($35.00) dollars. The Plaintiff must provide the Court a copy of the written notice that was sent certified mail to the last known registered owner and/or lienholders. The Magistrate will schedule a hearing to determine if the item can be auctioned at public sale. If the sale is granted then the Magistrate will advertise the property for fifteen days by posting the notice in three public locations. The property may then be sold by the Magistrate and the proceeds distributed accordingly.
Restraining Orders
RESTRAINING ORDERS -- HARASSMENT, STALKING, OR NON-FAMILIAL ABUSE
If you are not in immediate danger, but believe yourself to be in need of protection, you can apply for a restraining order. Restraining Orders may be obtained from a Magistrates' Court. You should contact the Magistrate for the area in which the offender lives. For a complete list of the Magistrates' Courts and their location(s), please visit the Magistrates & Summary Courts Locations section.
IF YOU ARE IN IMMEDIATE DANGER CALL 911
Non-Emergency Numbers
Emergency Medical Services
Phone: (843) 202-6700
Charleston County Sheriff
Phone: (843) 554-4700
Charleston City Police Dept.
Phone: (843) 577-7074
N. Charleston Police Dept.
Phone: (843) 745-1015
Folly Beach Police Dept.
Phone: (843) 588-2433
Mt. Pleasant Police Dept.
Phone: (843) 886-4176
TTY Emergency number for persons with disabilities
Phone: (843) 744-3200
Magistrates deal with cases of harassment, stalking, or abuse by a person who is not a member of your family. However, if you are uncertain whether or not your situation is "domestic" (for instance, a boyfriend-girlfriend situation, or a situation involving persons who cohabitate or share community property) you should check with Family Court or Magistrates' Courts for information on where you ought to file your case.
Cases for Restraining Orders must involve at least 2 incidents of harassment, stalking, or other threatening situations. There is no filing fee paid at the time of filing. The non-prevailing party will be responsible for the $55 filing fee at the time of the hearing. You will also be asked to fill out a complaint and motion. A hearing date will be set for 5 to 15 days from the date you file your paperwork in the Magistrates' Court. This gives the court time to arrange for the papers to be served on the person named as the Defendant. Complaints will be served by a Sheriff's Deputy or a constable. The defendant must be served before the hearing can take place. A Magistrates' Restraining Order issued pursuant to these statutes remains in effect for a fixed period of time of not less than one year, as determined by the court on a case by case basis. The order may be extended by the court upon notice to the defendant and good cause shown by the plaintiff at a hearing. The defendant is entitled to a hearing on the extension of an order within thirty days of the date upon which the order will expire. Otherwise, the order dissolves upon the expiration of its term. If the defendant is charged with harassment or stalking prior to the expiration of the order, it remains in effect until the conclusion of the trial. § 16-3-1780. A restraining order issued pursuant to this Act is enforceable statewide.
A violation of either a restraining order or a temporary restraining order is a criminal offense, and if such an order is violated, you can contact the Law Enforcement.
If you are the victim of domestic abuse, or believe yourself to be at risk
Obscene or Harassing Phone Calls
Suspected abuse of others
Additional Assistance
For emergency assistance, counseling services, legal advocacy, and information regarding your situation, the following offices and agencies may be able to help.
Charleston County
ChasCountyGov
ChasCountyGov
Charleston County Government
CharlestonCountyGovernment
CharlestonCountyGovernment
CharlestonCountyGov
ChasCountyGov